|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the school health and related services program, |
|
including parental consent for program services, the establishment |
|
of a school health and related services program advisory council, |
|
and the publication of the School Health and Related Services |
|
(SHARS) Handbook portion of the Texas Medicaid Provider Procedures |
|
Manual. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter A, Chapter 38, Education Code, is |
|
amended by adding Section 38.035 to read as follows: |
|
Sec. 38.035. SCHOOL HEALTH AND RELATED SERVICES PROGRAM: |
|
PARENTAL CONSENT. (a) For each student for whom a school district |
|
or open-enrollment charter school may request reimbursement under |
|
the school health and related services program during a school |
|
year, the district or school shall obtain written parental consent |
|
for disclosure to the district or school, the agency, or the Health |
|
and Human Services Commission of the student's personally |
|
identifiable information, as necessary to administer the program. |
|
(b) The parent's written consent under Subsection (a) must |
|
be in a form that satisfies the requirements of the Family |
|
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section |
|
1232g). |
|
(c) A school district or open-enrollment charter school |
|
shall provide a copy of a parent's written consent under Subsection |
|
(a) to the agency and the Health and Human Services Commission for |
|
the agency and the commission to maintain in the agency's and the |
|
commission's records as necessary to administer the program. |
|
(d) Parental consent obtained in compliance with Subsection |
|
(a) for a school year is sufficient for all program-related |
|
purposes of the agency or the Health and Human Services Commission |
|
involving the use of a student's personally identifiable |
|
information for the remainder of that year. The school district or |
|
open-enrollment charter school, the agency, or the commission may |
|
not require additional parental consent other than the written |
|
consent described by Subsection (a) for a program-related purpose |
|
that does not involve the sharing of a student's personally |
|
identifiable information. |
|
SECTION 2. Subchapter B, Chapter 531, Government Code, is |
|
amended by adding Section 531.021183 to read as follows: |
|
Sec. 531.021183. SCHOOL HEALTH AND RELATED SERVICES (SHARS) |
|
HANDBOOK. (a) Not later than July 1 of each year, the commission |
|
shall publish an update to the School Health and Related Services |
|
(SHARS) Handbook portion of the Texas Medicaid Provider Procedures |
|
Manual for providers of services to Medicaid recipients. |
|
(b) For at least 60 days before publishing an update to the |
|
School Health and Related Services (SHARS) Handbook, the executive |
|
commissioner by rule shall establish a procedure allowing the |
|
public to inspect and comment on proposed changes to the handbook in |
|
the same manner that public inspection and comment is provided in |
|
the rulemaking process under Chapter 2001. |
|
(c) The commission shall consult the advisory council |
|
established under Chapter 106, Health and Safety Code, regarding |
|
any proposed changes to the handbook. |
|
SECTION 3. Subtitle E, Title 2, Health and Safety Code, is |
|
amended by adding Chapter 106 to read as follows: |
|
CHAPTER 106. SCHOOL HEALTH AND RELATED SERVICES PROGRAM |
|
ADVISORY COUNCIL |
|
Sec. 106.001. DEFINITIONS. In this chapter: |
|
(1) "Advisory council" means the school health and |
|
related services program advisory council established under this |
|
chapter. |
|
(2) "Agency" means the Texas Education Agency. |
|
(3) "SHARS handbook" means the School Health and |
|
Related Services (SHARS) Handbook portion of the Texas Medicaid |
|
Provider Procedures Manual described by Section 531.021183, |
|
Government Code. |
|
(4) "Program" means the school health and related |
|
services program under which certain health-related services |
|
provided under a student's individualized education program are |
|
eligible for Medicaid reimbursement. |
|
Sec. 106.002. COMPOSITION OF COUNCIL. (a) The advisory |
|
council is composed of 13 members as follows: |
|
(1) one employee of the agency with administrative |
|
duties involving the program; |
|
(2) two employees of the commission with |
|
administrative duties involving the program; |
|
(3) one superintendent or chief financial officer of a |
|
school district with a student enrollment of at least 5,000 |
|
students; |
|
(4) one superintendent or chief financial officer of a |
|
school district eligible for the allotment under Section 48.101(c), |
|
Education Code; |
|
(5) one superintendent or chief financial officer of a |
|
school district eligible for the allotment under Section 48.101(b) |
|
or (d), Education Code; |
|
(6) one special education director employed by a |
|
school district described by Subdivision (3); |
|
(7) one special education director employed by a |
|
school district described by Subdivision (4); |
|
(8) one special education director employed by a |
|
school district described by Subdivision (5); |
|
(9) two persons who are each a parent of a student |
|
eligible for reimbursement under the program; |
|
(10) one member of an advocacy group for children with |
|
special needs; and |
|
(11) one provider of special education services. |
|
(b) The commissioner of education shall appoint the member |
|
described by Subsection (a)(1). The executive commissioner or the |
|
executive commissioner's designee shall: |
|
(1) appoint the remaining 12 members to the advisory |
|
council; and |
|
(2) designate one member as chair of the advisory |
|
council. |
|
(c) An appointment to a vacancy on the advisory council |
|
shall be made in the same manner as the original appointment. A |
|
member is eligible for reappointment. |
|
Sec. 106.003. TERMS. Members of the advisory council serve |
|
staggered four-year terms, with the terms of six or seven members |
|
expiring on August 31 of each odd-numbered year. |
|
Sec. 106.004. REIMBURSEMENT. Members of the advisory |
|
council serve without compensation but are entitled to |
|
reimbursement for travel expenses. |
|
Sec. 106.005. COUNCIL DUTIES; ADVISORY STATUS. (a) The |
|
advisory council shall advise the agency and the commission |
|
regarding: |
|
(1) implementing and administering the program; |
|
(2) incorporating changes to federal law governing the |
|
program; |
|
(3) publishing the SHARS handbook, including the |
|
adoption of potential amendments to the handbook; and |
|
(4) any other issue involving the administration of |
|
the program or the publication of the handbook. |
|
(b) Chapter 2110, Government Code, does not apply to the |
|
advisory council. |
|
Sec. 106.006. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The |
|
commission shall provide administrative support for the advisory |
|
council. |
|
(b) Funding for the administrative and operational expenses |
|
of the advisory council shall be provided by legislative |
|
appropriation made to the commission for that purpose. |
|
Sec. 106.007. RULES. The executive commissioner may adopt |
|
rules as necessary to implement this chapter. |
|
SECTION 4. Notwithstanding Section 531.021183, Government |
|
Code, as added by this Act, the Health and Human Services Commission |
|
shall publish the update to the School Health and Related Services |
|
(SHARS) Handbook portion of the Texas Medicaid Provider Procedures |
|
Manual as soon as practicable and not later than October 1, 2023. |
|
The Health and Human Services Commission shall publish the update |
|
to the handbook by a date not later than July 1 in 2024 and each |
|
subsequent year. |
|
SECTION 5. As soon as practicable and not later than October |
|
1, 2023, the commissioner of education and the executive |
|
commissioner of the Health and Human Services Commission shall |
|
appoint the members of the school health and related services |
|
program advisory council established under Chapter 106, Health and |
|
Safety Code, as added by this Act, and shall provide for staggered |
|
member terms as required by that chapter. |
|
SECTION 6. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2023. |